원격의료에 관한 의료법 개정방안 연구

Abstract

This study delves into Korean Medical Act on the telemedicine and makes some legislative proposals with respect to it. According to article 30-2 of the Medical Act, telemedicine is to provide medical information or technique for medical practitioners who are looking after patients by means of the telecommunication such as computers and moving pictures. It assumes that telemedicine is the transfer of electric medical data from one location to another. we believe telemedicine can bring us to bridge the geographical distance and the socio- economic gap in the quality of health care. In Korea, though it is a small country, telemedicine seems to expand remarkably on such merits as efficient exploitation of medical resources and considerable curtailment of health care expenses. The problem is that the current Act catches up with a fundamental change in delivery of health care today. The relevant provisons of the Medical Act acknowledge only 2 types; (1) consulting specialist, physician or hospital vs. referring physician or hospital, (2) consulting specialist, physician or hospital vs. referring medical care-taker. The type that the nation’s welfare policy backs up of consulting specialist, physician or hospital vs. patient is not yet legalized. So, this study examines arguments in the concept of telemedicine from the point of view of the three legal requirements(qualification, facilities, practices) and the formation of contract. And I think it is necessary to establish definite and detailed provisons of the Medical Act including the qualification of consulting specialist, the physicians’ liability principle in the medical malpractice, data protection and confidentiality, and so on.